politics
Welcome to the discussion of US Politics!
Rules:
- Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.
Example:
- Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
- Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
- No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
- Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
- No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning
We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.
All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.
That's all the rules!
Civic Links
• Congressional Awards Program
• Library of Congress Legislative Resources
• U.S. House of Representatives
Partnered Communities:
• News
view the rest of the comments
Eliminate the fixed size of the court entirely. We don't need to define 9 or 15 people.
Every presidential term, the president appoints two new candidates, 9-15 months after the presidential election, and 9-15 months after the midterms. We do not fill any vacated seats.
That resolves the problems with multiple seats unexpectedly swinging on a small court, and limits the effects a single president can have on the court. Yes, the numerical swings can be as large, but the percentage swings will not be; the court will likely fluctuate between 15-20 justices.
Now to fix the Senate playing games...
First, we establish a line of succession with the circuit courts. The chief judges of the circuits, in line of seniority, then every other active judge. Every case before SCOTUS requires at least 6 justices to hear the case. If the court falls below 6, the next judge in line is automatically elevated to the court. If the court is larger than 6, but due to recusals or abstentions, fewer than 6 are able to hear the case, the next judges in line are automatically, but temporarily elevated to hear that case. Only when we have exhausted all judges from the district courts does the president get additional, temporary appointments.
Any appointment to the circuit court requires senate confirmation. After we enact this, any judge confirmed to a district court could (eventually) find themselves on the court. Their confirmation thus includes the (remote) possibility that they will be elevated to the court. So any circuit court appointment after this goes into effect also serves as a SCOTUS confirmation.
When it comes time for the president to appoint a candidate to SCOTUS, anyone who has previously been confirmed to the line of succession can be immediately elevated to the court, without needing additional confirmation.
Where the president and Senate are sympatico, the president can choose anyone they want. When they are at odds, the president still has a list of pre-approved candidates the Senate can't block.
I think it would even be better to allow the president to appoint two new justices and the two most senior judges have to step down. It would make the turn over high enough that we don't end up with corrupt trash like we have now for decades. Not until death the way it is now.
What happens when three justices retire in one term, or the senior justice dies right before being forced out? Do we still force out two more justices? We obviously can't shrink the court each time, so either we don't force a justice out when we normally should, or we give the president an extra appointment. Neither seems like a good option.
Why not just rotate the judges out periodically from court below?
What I've described could (mostly) be enacted without a constitutional amendment. The basic idea of removing the fixed size and having the president appoint one candidate every two years iswell within Congress's authority to enact.
Some of the minutiae, such as the line of succession, or circuit court judges temporarily serving on the supreme court might not currently be constitutional.